Not Stop at Stop Sign

Got a Stop Sign Fine? Here’s What to Do
Failing to stop at a stop sign may seem like a small oversight, but in NSW it can lead to serious traffic penalties including fines, demerit points, and potential licence suspension. Many drivers are unaware that even a brief “rolling stop” can amount to an offence under the Road Rules 2014 (NSW).
Detailed description:
- This offence occurs when a driver fails to make a complete stop at a clearly marked stop sign or stop line, as legally required.
- Penalties can be significant, with increased fines and points if committed in a school zone or during double demerit periods.
- Common defences include unclear or missing signage, vehicle emergencies, or cases where the alleged offence was not properly observed.
At Brightstone Defence, we have extensive experience representing clients across NSW in traffic matters, including stop sign offences. Our team helps drivers challenge fines, dispute police observations, and apply for leniency or section 10 dismissals where appropriate. If you have received a fine or charge, contact us today for tailored legal advice and to protect your driving record.
What is the offence?
Under the Road Rules 2014, Rule 67, a driver must come to a complete stop at a stop sign and give way.
Elements the Prosecution Must Prove
Failing to stop at a stop sign in NSW involves several important legal elements. To be charged with this offence, the following key points must be considered:
- Failure to stop at the stop line
A complete stop is required. This means the vehicle’s wheels must come to a full stop. A “rolling stop” or a “half-stop” does not meet the legal requirement.
- Failure to stop before the intersection
If there is no stop line, you must stop before entering the intersection, as close as possible while still obeying the rule.
- Failure to give way
After stopping completely, you must give way to any traffic or pedestrians that have the right of way at that intersection.
Understanding these key elements is crucial if you are facing a stop sign charge, as even small mistakes can lead to fines, demerit points, or licence consequences.
Possible Defences
The main defences to fail to stop at a stop sign in NSW primarily revolve around the absence or obscurity of the stop sign, emergency situations, or a proven malfunction in the vehicle.
Possible defences may include:
- you did stop and the police officer misjudged your stop
- stop sign or line was obscured or missing
- emergency or necessity
- you were not the driver or the incorrect vehicle was identified
Potential Penalties
- Failing to stop at a stop sign carries a penalty notice of $387 which also attracts 3 demerit points.
- If you fail to stop at a stop sign whilst in a school zone, the fine increases to $514 and 3 demerit points.
- If you elect to take this matter to court, the maximum penalty for this offence can be a fine of up to $2,200.
(as of October 2025)

Legal Process
& Options
This offence may seem like a minor traffic offence, however it can carry a substantial penalty.
Pleading
Not Guilty
Obtaining a lawyer can assist you in challenging the alleged offence in court in relation to:
- whether a complete stop was made
- the visibility or legality of the stop sign
- the accuracy of the officer’s observation
Pleading
Guilty
If you acknowledge the offence but you wish to mitigate your penalty, you can plead guilty and request:
- a section 10 dismissal, that carries no conviction, no fine and no points
- a reduction in fine
- consideration of financial hardship or good driving history
Failing to stop at a stop sign will cost you 3 demerit points. This can lead to licence issues for P1, P2 and learner drivers.
Yes, if the offence occurs during a double demerit period, you will incur 6 demerit points instead of 3.
Yes, courts can grant a section 10 dismissal for minor traffic offences and if your case warrants leniency this may be applicable to you. A non-conviction is possible if you have:
- a clean driving record
- strong personal circumstances
- completed a traffic offenders’ program
If you have been fined or charged for failing to stop at a stop sign, speaking with a traffic lawyer early can help you understand your legal options, assess the strength of your defence, and prepare for court if needed. Contact Brightstone Defence today for tailored advice on your case.
Failing to stop at a stop sign will cost you 3 demerit points. This can lead to licence issues for P1, P2 and learner drivers.
Yes, if the offence occurs during a double demerit period, you will incur 6 demerit points instead of 3.
Yes, courts can grant a section 10 dismissal for minor traffic offences and if your case warrants leniency this may be applicable to you. A non-conviction is possible if you have:
- a clean driving record
- strong personal circumstances
- completed a traffic offenders’ program
If you have been fined or charged for failing to stop at a stop sign, speaking with a traffic lawyer early can help you understand your legal options, assess the strength of your defence, and prepare for court if needed. Contact Brightstone Defence today for tailored advice on your case.
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